When trying to fix a mould problem it is useful to understand the circumstances under which mould will typically grow. In order for mould growth to thrive it needs moisture and high humidity, a medium to grow on (it likes porous materials), food, heat and optimal temperatures (warm), and typically stagnant air. Though mould will grow even in cool temperatures it is my experience that the majority of mould problems that trouble tenants arise in circumstances where warmth is a contributing factor to growth. If you combine all of these factors it is quite likely that mould will not only begin to grow but flourish. What kind of mould (from relatively harmless to toxic) will grow really depends on a great number of factors and specifically what kind of spores are in the environment. However, in the presence of these factors you may reasonably expect that mould will grow as mould spores are all around us both inside and outdoors. If the "right" conditions are created then mold will grow as the spores are around us.
The ability of a tenant to get rid of mould that is growing in a rental unit is tied to the ability to disrupt the moisture, growth medium, temperature and stagnant air that is encouraging the mold growth. If these factors are disrupted it is entirely likely that mould growth will stop. Unfortunately this does not mean that all of the mold that has grown will disappear from items that were covered in mould. Mould likes to grow on pourous materials and these materials---including clothing, couches, beds, flooring, are sometimes impossible to clean of the mould that has already grown on them. Often enough, these items simply have to be disposed of as it is impossible to clean them or too costly to do so.
Mould does not grow well in locations where there is a lot of air movement, where the relative humidity is low (under 50%), where the temperatures are cooler and nearer to regular room temperature and where the things that it would grow on are cleaned regularly. Changing one or all of these factors can have a dramatic impact on stopping mould growth.
WITHIN THE CONTROL OF THE TENANT
Some of the things that encourage mould growth are typically within the control of a tenant. Where a thermostat is adjustable the temperature can be kept in a range that does not encourage mould to grow. Where the environment within a rental unit is conducive to mould growth because of the tenant's lifestyle choices--such as lots of hot showers, not wiping down walls and floors, cooking a lot things that puts humidity in the air then the tenant needs to try to take steps to deal with those choices in such a way as to disrupt the mould friendly environment. What can a tenant do? Suggestions that I have seen in the past include: appropriately opening windows, turning down thermostats, wiping and drying walls and wiping places where mould grows with vinegar water, installing dehumidifiers, ceasing activities that encourage mould growth and using fans to circulate the air. Where mould is growing in cupboards or closets or along the back walls of storage areas the primary culprit seems to be the lack of air circulation. Getting items away from walls, opening the doors or even installing vents can help move air around thereby impeding mould growth.
OUTSIDE OF THE CONTROL OF THE TENANT
What can a tenant do if the things within the control of the tenant are "normal" and the mould still grows? In these circumstances the responsibility for dealing with mould growth needs to be shifted to the landlord. One would hope that a simple phone call or filling out a work order would result in the landlord attending the unit, figuring out the source of the problem, and addressing it. Unfortunately, it is not always so simple.
Sometimes mould grows because the factors that encourage its growth (moisture, food, heat, stagnant air) are present because of a breakdown of a building system. What does this mean? Examples would include water infiltration through foundation walls due to a crack occurring, or water entering the structure through a failing/leaking roof, blocked eavestroughs, leaky pipes and plumbing. Sometimes, the problem lies in a breakdown of the HVAC system and parts of the system are broken. The point is that the occurrence of mould can be the result of a breakdown (rotting wood in basements, exposure to the ground) in the building structure or in the mechanical systems in the building. Unfortunately, these breakdowns can be incredibly expensive to fix and therefore the landlord may resist doing the necessary repair.
If a foundation has cracked and it is allowing water to enter the building the landlord may be faced with excavating the foundation to effect a repair or perhaps undoing a finished basement to get at the walls. Roofing can be expensive to replace or repair and sometimes the trick lies in finding the source of leaks. As anyone who has watched Holmes on Homes knows, and you have likely seen those scenarios where the source of the problem is an improperly constructed home in the first place, sometime the only answer is an extensive re-engineering and rebuilding of the premises.
Repairing or fixing the things that cause mould growth can be so expensive that a landlord would prefer for the tenant to simply live with it. The solution that a landlord may propose is that the tenant wipe the walls more frequently and open a window notwithstanding that the mould continues to grow and the tenants begin to feel like the mould is affecting their health. How do you force a landlord to deal with mould when they really don't want to do it?
FORCING A LANDLORD TO DEAL WITH A MOULD PROBLEM
The first step that I always recommend to tenants is to speak with the landlord. If that does not work, then a tenant should start writing letters to the landlord setting out the complaint, explain exactly what the problem is, and attach pictures if possible. These complaints should be delivered in writing via email or fax or in such a way that delivery can be proven.
Once the complaints have been made, and presumably no response has been received, a tenant should call the Property Standards Department of their city, town, or township and ask them to come to the property to inspect the unit. The Property Standards Officer will typically state that they do not have any specific mandate with respect to mould from a health perspective. While that may or may not be true, the Property Standards Officer does have a mandate to ensure that a building complies with the Property Standards By-law of the city/town/township. Note that for unorganized areas the RTA has a regulation that imposes a property standards type of standard for rental units (O.Reg 517/06).
Every Property Standards By-law that I have ever seen provides sufficient tools for a Property Standards Officer to query and require the rectification of problems that give rise to the growth of mould. A Property Standards Officer can make orders with respect to water infiltration and moisture presence in a rental unit (where that moisture is not the result of tenant lifestyle). A Property Standards Officer can deal with ventilation, cleaning of walls, repair of roofs, foundations, etc.. The point is that the things which encourage the growth of mould are things that fall within the purview of a properly constructed and maintained property and as such the tools to deal with these issues are available to the Property Standards Officer.
You may expect that a Property Standards Officer, when responding to an issue about mould will conduct an inspection of the premises looking for these kinds of things: roof failure, penetration of roof, roof drainage system (pooling etc.), gutters (eavestroughs), downspouts being blocked, inspect vents, flashing, skylights, chimneys and anything else penetrating the roof. The Officer will also look at cladding, flashing and trim on the walls of the building, exterior doors, windows, decks, stoops, steps, stairs, porches, railings, eaves, soffits and fascia to see if any of these things are failing or damaged and allowing water infiltration. Of further interest will be the grading of the land around the property and any features that are directing or keeping water close to the building.
With respect to the basement and foundation that Officer will inspect all visible portions for damage (cracks) and signs of water infiltration and in crawl spaces the officer will look for adequate ventilation. Ventilation is of general concern as well and the officer may look at the HVAC system including the air handler, circulating fan, air filters and any duct work in the premises.
Plumbing is also an obvious source of moisture so the officer will likely inspect any visible water lines, supply lines, waste lines and drains, the hot water source and the fixtures including the toilets, faucets, showers, and tubs. There are other parts of the building (attic) that may be inspected and often it is simply the officers experience and the nature of the problem that will guide and direct the officer to the likely problems. Where no problem is apparent, but mould exists, the officer may consider ordering a landlord to open walls to inspect for problems if the officer is satisfied that all other reasonable steps have been taken to control the mould.
It has been my experience that most Property Standards Officers, especially the experienced ones, tend to be practical about things. They are solution oriented and before making orders requiring destructive testing or expensive renovations they will inquire whether the more traditional things have been tried---i.e., ventilation, opening windows, dehumidifiers, adjusting temperature. Especially in rental units where there hasn't been a history of mould problems a Property Standards Officer is going to be cautious about making "expensive" orders unless of course the reason for mold growth is obvious and apparent (i.e. something broken and needing repair).
GETTING AN ORDER TO FIX
A tenant is entitled to file an application to the Ontario Landlord and Tenant Board requiring a landlord to fix or repair a rental unit. Those repairs or maintenance are required to bring the rental unit up to the standard where the unit is fit for habitation. The standard is reflected in section 20 of the RTA which provides as follows:
20. LANDLORDS RESPONSIBILITY TO REPAIR---(1) A landlord is responsible for providing and maintaining a residential complex, including the rental units in it, in a good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards.
(2) SAME---Subsection (1) applies even if the tenant was aware of a state of non-repair or a contravention of a standard before entering in the tenancy agreement.
This section of the RTA imposes the legal duty on the landlord which is the basis for an application to the Landlord and Tenant Board under section 29 & 30 RTA.
There are certain assumptions that I assume will be adopted by any adjudicator hearing a case. That assumption is that the presence of significant mould (readily visible) in a rental unit, on the walls, flooring, ceilings, etc. is contrary to the requirement that a rental unit be "fit for habitation". It is generally accepted that a rental unit in Ontario is not fit for habitation if it has uncontrolled and significant mould growth within the unit.
Proving the presence of mould is also fairly easily done by taking photographs of the walls, floors, ceilings, or wherever the mould is located. Some people will argue that black marks on the walls, floors, ceilings are not proof of the presence of mould as one can only know that it is mould if it is tested by a certified lab. While that may be technically true, I have never known the argument to carry much weight when a tenant testifies that the mould has recently appeared, can be wiped off with a rag, and that it grows back again seemingly out of thin air. The argument is that whether it is mould or not, anything that grows on a wall and re-appears after being cleaned, is something that is not "normal" and therefore is inconsistent with a rental unit that is "fit for habitation".
The value of having approached the Property Standards Department about mould is that the reports of a Property Standards Officer, along with any Orders, are extremely useful as evidence of the condition of a rental unit. The "fit for habitation" standard certainly includes compliance with the requirements of the Property Standards By-Law and therefore, any Order directing that repairs be made in relation to mould will be evidence of the Landlord's breach of its duty to maintain a rental unit.
While getting a Property Standards Order is very useful it is still possible to proceed without such an Order or without even trying to get Property Standards involved. However, without this very useful evidence from Property Standards the tenant will have a higher burden in proving that the rental unit is not fit for habitation and that certain work needs to be done to fix the unit. This burden may be discharged by hiring experts, contractors, mould remediators, to prepare reports describing what is observed, what the problems are, and what needs to be done to fix the problem. These reports will need to be backed up with oral testimony at a hearing. Further, as the old saying goes, a picture is worth a thousand words and no hearing would be complete without high resolution photographs and perhaps video of the problems---including the mould and repair issues that are allowing the mould to grow (i.e. water infiltration, etc.).
An important point to note is that getting the Board to order the fixing of issues that are allowing mould to grow does not require the tenant to prove that the mould is causing health problems. The mere presence of significant mould in the unit is unacceptable and in my experience the Board will Order it to be removed, cleaned, and the issue that is allowing the mould to grow to be repaired.
In my experience, the reason that tenants have difficulty winning mould cases is that not enough thought is given to discharging the burden of proof. Many tenants are so disgusted by the presence of mould, and having a picture in hand, that they think showing the picture of mould is enough to win their case. They think that by showing a picture of mould on a wall and saying that this has been there for months that this will be enough to win an Order requiring a Landlord to fix/remove the mould and for an abatement of rent. The fact is, this is not sufficient to discharge the burden.
WHAT A TENANT SHOULD DEMONSTRATE
A tenant must demonstrate that they tried to deal with the mould. They must demonstrate that they tried to adjust their lifestyle (reasonably) to address mould growth. It is reasonable to expect that a tenant would try to wash walls, open windows, install a dehumidifier and operate a fan. Be ready to prove that these things were tried. Then, be ready to prove that the landlord was given notice of the problem, repeatedly, and that the landlord had specific knowledge of what the complaints were and the impact of the presence of this mould on your use and enjoyment of the property. Then, be prepared to prove to the extent possible the reason for why the mould is in the rental unit. While this should not be your obligation, it is indeed necessary as the Landlord will likely try blame you for the presence of the mould if no explanation for the presence is provided----so, show the broken pipe, hole in the wall, curling shingles, hole in roof. If you have lost property as a result of the mould be prepared to show that property in pictures, provide the cost of acquisition (receipts) and estimates for repair or replacement. Depending on what the item is, it may be important to get an appraisal from a recognized appraiser of the value of the item at the time of loss.
If you do these things--which is a lot more than just showing a picture of mould, you should have success at the Landlord and Tenant Board in getting an order fixing your mould problem.
Michael K. E. Thiele
www.ottawalawyers.com
In a court of law, what would I need to provide as evidence to get compensation? The water leaking from the upstairs unit caused the ceiling to get damp and created an atmosphere for the mould to grow on the washroom ceiling.
ReplyDeleteMicheal wow so estatic I found u.I live in a federal non profit co op.have now for 23 yrs.same unit.I have no idea were to begin...Im praying u can help me.A long story short alot has gone on to much to get into on here but im going to email you tomorrow.we now have a mngement company as the board has no clue n the place is falling apart.well since they have redone our bi laws that were just passed at AGM.n let me tell u i have never seen the likes of it.so for now just a couple questions untillI can get into details and hopefully u can help me or stear me in right direction as ive done everything n have been to every possible governing agentcy.Pure corruption every which way u go.so with new bi laws they are saying every member has to have house insurance,with a special clause in it so say mould which is major problem or if the unit beside u caught on fire n my unit was destroyed then the co ops not liable n then my insurance covers there damage????can they possibly make us do that??.Also this new long term guest n occasional guest crap which ive never herd of in my life.my own child over the age of 18 is classified as long term guest.therefore they want there financial information n credit check.??insain.Ive bin to legal aid n they r saying they can absolutly do this.also we have had two rent increases in last yr n again increase jan 1 2016.but if were now with rta would we not have to follow the guidelines for on.???heres hoping u can shed some light on these concerns if so ur going to become very popular.very quick.thnks
DeleteExcellent article, Thank You Very Much! Gordon King Welke
ReplyDeleteIt states in the artical to send a fax or email or send in a way it can be proven, is an inbox that has had a reply say a negative reply to the letter proof?
ReplyDeleteHi Patricia: I think anything you get back--even an auto-reply that has your email in the chain is great as proof of delivery.
DeleteMichael K. E. Thiele
www.ottawalawyers.com
Interesting article. I have been having water issues in the basement for years and extreme smell in the house especially in the spring summer. I ventilate the house, use dehumidifiers in the basement all my cloths smell even after washing and I do notice mold growing on the fridge and around a few doors and the cloth chesterfield smelt musty. I sent letters over the years to the landlord and asked them to investigate the water problem in the basement and the smell in the house and they never. This year I had severe migraines and overall not feeling well and I had a mold specialist come in and he told me that there was a sever case of mold and recommended that the house be condemned, I mentioned this to the landlords and they still ignored the situation. It was 4 months later after constant complaining of the situation did the landlord themselves have mold specialists and air quality come in. It has now been another month and they are just starting to take care of the issue. They have not told me the result of their air quality test (i have found out through another source it was not good), the landlords have not given me accommodations to live at or paid for any of my expenses that I have acquired over the past few months. Are they obligated to cover these costs? This whole process has affected my life, work, animals and volunteer work.
ReplyDeleteHi Wendy: The landlord does not have any obligation under the Residential Tenancies Act (RTA) to provide you with alternate accommodation in the circumstances that you describe. The RTA speaks to the landlord's obligation to maintain and repair a rental unit and keep it in a state of good repair and fit for habitation and be in compliance with health and safety standards.
DeleteIt certainly seems that the landlord has breached its obligation to repair and maintain the premises. To that end you could seek compensation through the Landlord and Tenant Board using a Form T2 and T6. You could indeed seek an abatement of rent, compensation for damaged property, other expenses, and compensation generally. The key of course, is to collect solid evidence of the problem, the mold problems, proof of your complaints to the landlord, the mold testing, photographs, and evidence generally about the condition of the house. For example, get the City or township into the premises to inspect the place in accordance with their property standards bylaw. Given the comments of the inspector you had in, perhaps contact the health department and ask if they would inspect the place as well. These reports can be valuable evidence in proving the condition of the premises.
Then you need evidence of your losses and evidence of the effect of the condition of the premises on your quality of life, use of the premises and on your health. You need this evidence to establish the extent of your losses. You need this evidence to also link to the condition of the premises--i.e. be able to show that the evidence of your losses is tied causally to the condition of the premises which condition reflects non-repair and a breach of the landlord's obligations.
The Residential Tenancies Act has a one year limitation period to file before the Board. If you plan to take your case to the Board you need to act soon as the passage of time extinguishes your claims.
Another thought and consideration is that you are describing person health affects from living in the premises. Query the extent of the health problems that you are suffering. It is possible that a claim against the landlord for damage to your health will far exceed the jurisdiction of the Landlord and Tenant Board. Depending on reports and investigations from medical professionals---i.e. what they say about your health due to mold exposure, your claim may be more appropriately made in the Superior Court of Justice. If your claim is more appropriately in the Superior Court then you should not file a claim with the Landlord and Tenant Board. Filing with the Landlord and Tenant Board may take away your right to sue in the Superior Court based on the same facts and issues that are raised in a Landlord and Tenant Board application.
The facts you describe are complicated. You should see a lawyer or paralegal, if even just for a consult, to lay out the evidence you have, the impact of all of this on you, and discuss what your options are. You certainly don't have to pursue a big claim but you should know all of your options before deciding on how to proceed. In speaking with lawyers you will note that there is a big emphasis on not giving up rights before you know the full extent of the issues (i.e. health problems) that you are suffering. I expect that any lawyer you would consult would ask you whether you had a good conversation with your doctor, whether testing was done, and whether your doctor and you are satisfied that the implications of the mold exposure are fully known.
Good luck to you.
Michael Thiele
www.ottawalawyers.com
Great article - I hope that you can provide some urgent guidance on a situation. Last Wednesday, septic waste backed up into house and overflowed onto bathroom floor and down into heating vent. Landlord had been advised of slow drainage the previous Sunday. They called insurance and the adjuster came and said it was category III waste and that it was an emergency situation, walls need to be cut to 12 inches, baseboards and floor replaced, heating system assessed given the amount that went down the vent.
ReplyDeleteLandlord's brother came and told him they would not be filing a claim, but would deal with it themselves. I cannot begin to describe the horror of the job that they did - and how many ways it defies every piece of guidance available on how to manage sewage back flow.
I have told them that it must be dealt with properly. Bathroom still smells like an outhouse and today when they took the baseboard off, surprise surprise - it is still soaked, as was the drywall behind it. The landlord tells me that the problem is that if they start to tear apart the bathroom, they will have to tear the whole house down and then I won't have anywhere to live because of vermiculite.
Please tell me that it is possible for specialists to do work in a contained area in a way that does not require the entire house to be taken down?
Here is a fun fact for you - if you call the Landlord Tenant Board with an emergency, they advise to call the Municipality's Property Standards to report and have them assess. Did you know that in the City of Ottawa, the ONLY thing they respond to as an emergency vis a vis Landlord and Tenant situations is a lack of heat? That raw sewage Category III waste will be prioritized, but not considered an emergency?
I just don't know what to do. We won't go near the washroom that they claim to have cleaned properly. My home smells like an outhouse. I have two dogs so finding an alternate living arrangement on short notice is not an easy task. I've lost two days of work (I work from home - which also contributes to the frustrations). Taking more time from work to pack a 3000 sq ft house and move is not going to be easy. If I find accommodations and hire full movers/packers - is that a cost that could likely be recovered?
Hi: I'm sorry to hear about your situation. Unfortunately, I can't answer your question about the repair work and the extent required. The notion that a house would need to be entirely torn down to fix a bathroom sounds exceedingly farfetched. It seems that the insurer was prepared to do the work and mentioned nothing about tearing the house down. The route to go is the one you have already identified. Call property standards, get them in, they can make an Order. If the landlord is unwilling to do anything and the property standards orders the work to be done or determines that the premises are not habitable then you have the basis to seek an order terminating your tenancy. You can claim moving costs and expenses if you can link the expenses to the landlord's breach of his obligations under the RTA (repair and maintenance is a landlord obligation).
DeleteGood luck
Michael K. E. Thiele
I have a lot of leakage coming from my roof and they said they had fixed this 4 times now yet my ceiling is now falling apart in my closet and drooping down in the bathroom with a bunch of black mould growing around it all how do i go around getting them to fix this.
ReplyDeleteHi: Given the obvious damage one would expect that the landlord would be on top of this with a simple phone call? If that is not the case and the landlord simply doesn't care (or seem care), I would recommend contacting the Property Standards Department of you town, city, township and ask them to send an inspector to have orders made to repair the property. If that is unsuccessful, then take a look at the T6 application, available on the Ontario Landlord and Tenant Board website. It is a maintenance application that you can file requiring the landlord to do the repairs. There are a few different kinds of orders you can ask for, including an abatement of rent. Depending on the extent of the issues you may also want to combine the T6 with a T2 application (likely worth doing) which is a tenant's rights application. The trick for you will be to collect solid evidence of the problem (pictures and videos) and provide proof of notifying the landlord of the continued issues. If you have suffered losses ( to property?) you will need evidence of what was lost and the value or replacement cost of those items.
DeleteGood luck to you.
Michael K. E. Thiele
www.ottawalawyers.com
Are the laws different concerning low income housing?
ReplyDeleteHi: In Ontario the courts have been clear that tenants in low income housing have the same rights as tenants in other rental housing. You have the same right to expect repair and maintenance of the rental unit as in any other rental unit.
DeleteThere is an exception of course. The RTA does not apply identically to tenants in low income housing in relation to rent and in relation to transferring a rental unit through assignment or sublet. The rent rules are different because you are normally dealing with subsidies so the rent goes up and down more.
If there is something specific you were wondering feel free to ask.
Michael K. E. Thiele
www.ottawalawyers.com
JoAnne July 11 2016
ReplyDeleteTomorrow my landlord is coming for another years worth of post dated cheques. This will be my third year in this duplex. The attic is full of mold. I can get copies of e-mailed complaints and pictures of damage to some property a lot I just took to the dump.My landlord contacted a building inspector last year who came in and found the source of the mold in the attic. Although my landlord put a new roof on before renting he failed to clean the mess underneath.The building inspector recommended what he called a dry ice removal. A few days later my landlord contacted me and told me he was bringing in a specialist...ha ha. This guy knew he was checking the attic and could not produce a business card telling me the mold was my fault because I'm not getting enough air circulation and I have too much 'stuff' and that the mold in the attic was harmless and in his word 'inactive'.I am 63 and in ill health and my 22 yr. old son lives with me. I have been looking for almost a year for something we can afford that will accept pets and has some sort of yard. That's the only reason I have stayed. I've build a lovely garden and grounds here. However the mold is making me sick...headaches etc I live on antihistamines we both do. Our mattress the couches everything smells musty and awful. I have pictures of black mold running up walls and across ceilings at the back of the unit in the bedrooms. I run a dehumidifier in the basement and one upstairs as well as every ceiling fan and I even bought a small ozonator. We spray then scrub with so called mold killer then paint (provided by landlord) for the ceilings They help a little but I'm paying almost a thousand a month plus utilities for what amounts to a moldy wet basement dump. I live between Mt.Brydges and Delaware Ontario. So exactly who is it I contact that will come in and inspect this property for me and make my landlord do what he is suppose to do?? I'm just running in circles here. This property has been for sale since we moved in and several times we have had to sit down the road while it's being 'shown' but I think people can smell all the mold as soon as the door is opened. I know I can. When we moved in the unit had been thoroughly dried out scrubbed sprayed and painted by the landlord after the previous tenants.As well as air fresheners cleverly stashed about.The mold started coming through the walls and ceiling abut three months later in the mid fall. Please...PLEASE tell me who it is I contact in my area to help me...thankyou so much JoAnne
Hi JoAnne: Without an address it is very difficult to know for sure. Based on your general coordinates of Mount Brydges and Delaware you could be in Strathroy-Caradoc. If so, check this link--give them a call http://www.strathroy-caradoc.ca/en/city-hall/By-laws.aspx If you're not in that township they should be able to tell you where your address is and then you can call there. It is likely easiest if you explain your problem and then ask if they have a Property Standards By-Law or something similar that allows them to inspect a property and order the owner to keep it to a certain standard.
DeleteIf you live in a location where there isn't this kind of help the Residential Tenancies Act does contain standards and a provincial inspection is possible. For this you may wish to contact a local community legal clinic---also something to ask about at the townhall, township office, library, etc.. If there is no community legal clinic then you may very well have to see if you can consult with a local lawyer--even if you pay only for a consult. A local lawyer should be able to give you the lay of the land, let you know where the Landlord and TEnant Board sits in your area and what the best course of action might be based on where you are and the services available.
Sorry couldn't be more helpful but you're not in my neck of the woods and I haven't had any cases out your way.
Good luck
Michael K. E. Thiele
www.ottawalawyers.com
Quick question - If I have thick fuzzy mould growing in my basement cold cellar and I let my landlord know, and he decides he would rather just ask us to leave and leave the house vacant, can he boot us out? Our lease has not been renewed so I guess we are monthly, and our rent is always paid a day early. We really want to stay where we are.
ReplyDeleteAsking you to leave is not an option for the landlord. You can require him to deal with the mold and you have the right to stay. Evicting you because of a repair request is not lawful. You can report the issue to your local property standards department (with the City, town, township), and they should come out to inspect and make an Order. Be aware that the fuzzy mold may be nothing or it may be serious--getting an answer will be most important. If it's dangerous to be living in the house you might want to think about taking more serious action etc..
DeleteBest of luck
Michael K. E. Thiele
Just a quick question here. I live in an upstairs apartment of a duplex. I had leak in my bathroom one Saturday afternoon, I was very busy at the moment, so didn't go to see the super (he lives in another duplex two house down)..... at night that day, my landlord and the downstairs tenant knocked my door, I showed them about the leaking, and told them that started in the afternoon... the landlord didn't say anything, shut off the water and left. The leak was fixed couple of days later, then the landlord brought a big dehumidifier, told me to run it.... I pay hydro, and in limited income, I can't afford the extra cost of 24/7 dehumidifier... after one day, the wall looked dry, so I unplugged the dehumidifier... Couple of days later, landlord came, found out the dehumidifier was unplugged, was upset, and told me to move, or I'll be evicted... Can he do that? I don't really want to move, What's my options now?
ReplyDeleteHi: The Ontario Residential Tenancies Act has very specific rules for how a landlord can terminate a tenancy. Telling the tenant to "move" is not one of them. You do not have to move just because the landlord wants you to.
DeleteOn the facts, as you've set them out here, I don't see any risk of eviction. Your actions were not perfect, but I don't see anything you've done that warrants termination of your tenancy and eviction. If the landlord come to me I would not recommend pursuing eviction as I don't think he can win.
The legal process, on these facts, [if the landlord insisted on doing something], would be to serve you with a Notice of Termination. The likely notice, based on the facts you've provided, is a Form N5. That Notice of Termination is voidable and it does not lead to automatic eviction. If you get this notice make sure to read the pre-printed notes at the end of the Form.
Ultimately, you simply refuse to move. That will force the landlord, if he insists on going forward, to file an application to the Landlord and Tenant Board. You get to fight that application by showing up at the hearing. On these facts you have a ton of defences. Further, even if the facts are worse than what you describe here, there is plenty of authority and jurisdiction for the Landlord and Tenant Board to refuse termination and eviction.
While your position is strong, you must make sure to show up for hearings and be prepared. Ideally, speak with a lawyer or paralegal and if at all possible retain representation. Consider Legal Aid Ontario for a legal aid certificate, go to a local clinic, or at a minimum speak with duty counsel at the Landlord and Tenant Board. While your position is strong you need to make sure that your side is properly and effectively communicated to the adjudicator hearing the case (if the landlord actually tries to evict).
Good luck
Michael K. E. Thiele
www.ottawalawyers.com
I live on the main floor of an old home. I feel there is mold growing in the basement and seeping into my apartment causing health problems. How would I first handle the issue. Call an inspector?
ReplyDeleteHi: There is no absolute right or wrong way to deal with this. You don't say why it is that you feel there is mold. If you are ill, sneezing, see mold, smell mold, then the first person to contact is the landlord and ask the landlord to investigate. The landlord hopefully investigates and satisfies your concerns. If not, then you could call property standards from your city (some will look at mold concerns--some won't). You might get a referral to your Health Department. Follow up with them. If you can't get a satisfactory response from the landlord and not from the City either then you need to start thinking about either terminating or spending money for testing etc.. A common test for mold is air testing. It will be expensive. The tests are guaranteed to confirm the presence of mold--because mold is everywhere. The analysis will be whether the concentration of mold is significantly higher than expected. Also, the kinds of mold will be tested. Even if there is mold, the solution will not necessarily be obvious. This is where you get into expert opinions about what needs to be done and you can expect to have a wide range of opinions. Then you need to file an application to the Landlord and Tenant Board and convince the Board that your side is correct and that the relief you want is what should be ordered. This is by no means a foregone conclusion. These are difficult cases to fight.
DeleteGood luck
Michael K.E. Thiele
www.ottawalawyers.com
Hello. My boyfriend and I have recently (may 1) moved into a basement unit. We noticed some spots that looked like mold in the laundry room and bathroom. I washed it with vinegar water and it seems to be growing. Its been a month now and my boyfriend has developed hive like rashes that started on his hands and ankles and are now spreading to his legs arms and chest. He is also having some difficulty breathing and a sensation of tightness in his chest that seems to disippate if he leaves for the weekend or even for a few hours while hes at work then gets worse again when he comes back home. I told my landlord about it and she came in to have a look. She informed me that there is a larger issue - a crack in the foundation which is causing infiltration of water. She says she doesnt have the money or resources to fix it and suggested that i find a new place to live. She said we should be out my october but didnt give us an official notice yet. We have since started looking for a new place but we wont be able to move for 2 or 3 months due to financial reasons and the fact that we have to provide at least 2 months notice. Im worried about my boyfriends health, the rashes are getting worse and I feel like she should at least contact someone to get an air scrubber, use a sealant on the rafters and exposed wood and gnd get the moldy drywall out so my bf can breathe and stop breaking out in these rashes. What can we do? She says she can buy us some mold spray but thats not going to get the spores out and its not going to help my boyfriend recover. Please help any advice would be appreciated.
ReplyDeleteHi: The obvious answer is to remove yourself from that environment. That being impossible due to financial reasons the next thing to do is to force the landlord to deal with the issue. Her explanation is unsatisfactory and not in compliance with the law. Elsewhere in this blog you will find articles on filing applications with the Landlord and Tenant Board (i.e. T6--tenant's maintenance application). However, on an immediate basis you should contact the Property Standards Department of the City that you live in. Ask for an immediate inspection, be present when the officer shows up, and ask for the officer to make an Order for immediate repair. In some cities, the landlord's failure to repair will result in the City sending in their own contractors to make the repairs and then the cost is added to the landlord's property tax bill. The excuse that the landlord gave you, about not being able to afford the repair, is simply unacceptable.
DeleteGood luck
Michael K. E. Thiele
www.ottawalawyers.com
A year ago my apartment had a major water leak. Ive a new landlord now. The bathroom smells bad. Who should pay for mould test?
ReplyDeleteHi: The Residential Tenancies Act makes it your landlord's duty and responsibility to ensure that the unit is fit for habitation, in a good state of repair and that it complies with all safety and repair standards. (see section 20 RTA). If the smell of mold is obvious then it is up to the landlord to decide how to deal with it. You can't force the landlord to do a specific kind of test--it is up to the landlord to decide how to comply with the landlord's obligation under the Act. If the landlord wants to do a mold test fine, if not but would rather tear out the bathroom and simply renovate that is fine too. However the landlord wants to approach it is their business. The key is that the unit complies with the obligations under the RTA.
DeleteIf the landlord refuses to acknowledge the presence of mold then you might have to contact the City to have property standards do an inspection. If the inspector agrees that there is a smell of mold the inspector can order the landlord to do work. If the inspector doesn't agree with you--then you have a bit of a problem. To prove that there is a maintenance issue needing work you might have to have pay for a mold test yourself and then take the landlord to the Board for work to be done and to get the test reimbursed. However, be aware that the test might come back negative or the test might not be conclusive--there is no guarantee that the Board would order the landlord to reimburse you.
Good luck
Michael K. E. Thiele
www.ottawalawyers.com
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ReplyDeleteHello,
ReplyDeleteI’m hoping you can help advise. My apartment has mould. I had it under my kitchen sink. It was cleaned and then I was told to monitor it. Then a smell started coming from under the bathroom sink. I hired a professional mold inspector. He confirmed the presence of black mould in the bathroom. His report advises that the bathroom sink cabinet be removed and that the wall be opened and cleaned by a professional remediation company and that I and my pets would require temporary accommodation while the work is done. He also advised that they replace my kitchen counter as although it’s not black mould, it is mold and still a hazard.
I sent the report to the rental office. They came to look and took pictures. They want their regular contractor to take care of the mould and not remediation professionals. I spoke to my next door neighbours only to discover that they also have black mould in their bathroom (which is connected to mine). All that has been done is that it’s been painted over and covered (apparently several times). Their unit reeks of mould.
Do I have the right to insist on professional remediation as per the report? If they refuse, is there a way to get out of my lease before the standard 60 days? I don’t have proof, but I believe my health issues as well as that of my cats is caused by this mould. I can’t afford to move but I don’t trust them to do the job properly. I am worried sick.
This is a difficult situation to be in. Part of the problem continues to be the contractors who market themselves as professional mould contractors--often with the word "mould" prominently featured in their promotional materials. It is not uncommon for these contractors to offer testing services as well as contracting services to remediate the mould damage that the lab results identify as being in issue. These contractors will highlight that the testing of the mould samples is done by an independent laboratory (which tends to be true). The less than useful aspect of the "mould report" is that you get the equivalent of a highschooler's book report on how mould grows, flourishes, establishes itself and what is needed to interrupt mould growth. There is always a discussion about the fact that mould is everywhere--all around us all the time. There is also a comparison of outside mould concentrations and inside concentrations. What is lacking is an effective explanation of what the lab results actually mean. The reports, as they are written, are designed to let you draw your own inferences--and those inferences tend to be guided towards an exaggerated negative conclusion. Once the conclusion about the mould report is fixed in your mind they will begin to discuss the option to have them remove the mould through remediation using negative pressure rooms, lots of specialized containment with an emphasis on the mould as a serious biohazard. It makes for expensive remediation.
Delete.
Landlord's tend not to accept the opinion and reports of mould remediation specialists as they see the "reports" as hyped up sales pitches. The landlord's own contractor will typically open a window, spray some bleach, mop and paint. Obviously, this is disconcerting to the tenant who is holding a report that says this is entirely inadequate. One would hope that any contractor would attack the presence of moisture, oxygen, and heat that feeds mould growth. One would hope that rotting structure would be removed and replaced and that every opened space would be allowed to dry thoroughly. Typically, this will solve a mould problem. It is rare (in my experience) for the need for extreme remediation procedures treating the mould as a severe bioharzard. Certainly such circumstances can exist (and that is the fear often served up in reports) but in my experience these are over-diagnosed as existing.
DeleteIn short, the landlord is in charge of deciding how the mould will be treated and the unit repaired. You can ask, make life difficult, and insist, but ultimately it is the landlord who is responsible for proper repair. You can guard against a shoddy job by calling in a property standards inspector from your City/Town/Township and they will hopefully have enough building experience to be able to order the landlord to do the work properly and to have it inspected along the way. If the landlord is painting over rotting wood you would expect the Property Standards department to catch it (especially if you point it out!). The best part about Property Standards is that using them does not cost you anything.
You asked specifically if you can avoid the 60 day notice period. The answer is sort of--but practically speaking "no". You can file an application to the Landlord and Tenant Board (use Form T6 &T2) and amongst other things you can ask to terminate your tenancy (even retroactively). Unfortunately, it will be an extremely long time before your case is heard--well after the 60 day notice period. If you simply "move out" and presuming the landlord does not accept your short notice, you would be relying on winning the case at the LTB when it eventually comes up well after you have vacated. If you don't "win" then there may be some liability for having moved out without giving the full 60 days notice of termination (or notice to end of term if you are still in a fixed term lease).
If you are indeed suffering severe health issues then perhaps the thing to do is to move out and simply take the risk of winning termination. It is also quite possible (and even likely these days) that your landlord would willingly sign an Agreement to Termination with you (Form N11) and let you out sooner. With rising rents everywhere it is likely that they would re-rent your unit at a higher rent than what you are paying.
Good luck
Thank you so much for responding. I really appreciate your time. To clarify, the mold professional I hired is a tester only. He does not do remediation himself so it’s not a situation where he’s exaggerating and/or pushing his services.
DeleteAfter much pushing I got them (building’s maintenance asked regular contractor)to open a small hole in my bathroom wall. They said that since it’s dry that there is no mold. However, I took more tape samples from the new hole and got them tested again. The presence of black mold was again discovered. It’s in the walls insulation somewhere so they need to open them up to find the source and remediate it.
I understand that in the end it is up to the landlord how to treat the issue. Since the mold is not “visible”, do I have any chance of local health authorities or property inspectors backing me up based on the report?
Thanks for the valuable info. I did not realize that it will take many months before my case is heard. I wonder if it would be worth my while to still seek some sort of compensation, even if I do move? For example, the price of the mold report, the things I had to throw away, the rental increase I’ve paid during this, etc?
Thank you again.
The landlord's comment that "since it's dry there is no mold" is a "sort of true" statement. Mould needs water, oxygen, heat (typically) to grow and be a problem. My understanding is that absent any of these you will at most have spores but not active mold growth and health concern. This is just my understanding though. I suspect that the landlord's position is just their understanding. You will have yours and your concern that the presence of any mold--spores or otherwise, is unacceptable. It is the kind of topic that different people can have honestly held different views. Query which is correct? I think to take this anywhere with any chance of success you will need to have "expert" opinion. Expert opinion will be by education or experience with a scientific basis for the opinion. The opinion, I think, should address the risks of the mold found, whether it is mould, etc.. If that report (expert opinion) supports that the landlord is in breach of its obligations under section 20 Residential Tenancies Act (RTA), then I think you have a fair chance for the cost of the reports and your associated expenses. Of course, your expert would have to be accepted by the adjudicator. That sounds perhaps as not so difficult but in my experience you will have a tough time finding an expert (at a reasonable charge) who will make any kind of categorical statement about the presence of the mould and its impact on human beings. The cost of that "expert" if you find them will likely far exceed what you can reasonably expect to get the LTB. I'm not saying you won't get the expense back--but it is a significant risk. The cost outlay likely exceeds the reward but that is a judgment call.
DeleteAs for local health authorities---I can't say "yes" or "no". I haven't always had positive responses with local authorities including property standards. The most a tenant gets from them (in my experience) is an order for the landlord to clean it up. There doesn't seem to be a lot of expertise about mould and hence what you get from the health authorities is rather vague (beyond the direction to get rid of the mold).
I moved into a house which within a couple of months became apparent has a severe humidity/mould issue. I keep finding shoes, purses, furniture, etc. with mould growing on them. It's in the kitchen and bathroom cupboards. The house is right on the ground (no basement) and apparently when the landlord bought and renovated it he was told by multiple people that he needed to redo the foundation and he ignored them. Water seeps up through the foundation and floors, in some areas of the house it's actually visible and feelable. Foundation has visible holes all around. I contacted the landlord about it right after moving in only to be told it was "normal" and fine. I said I was concerned about mould growth among other things, they ignored it. Now I contacted them with pictures of all the mould and they tell me it's my fault for not running the AC and that will solve everything. When were moved in it was May and too cold for AC and the water leakage problem existed. I contacted my city's bylaw department and they ended up saying the mould issue is not in their power; they have issued orders to fix the leaky gutters and rotting falling down deck only. What now? I'm constantly cleaning mould and afraid that all my things will get ruined. I've moved three times in the last few years and don't want to move again. Everything is more than I can afford and rents just keep going up. Realistically this house needs to be torn down and rebuilt or at the least major work because the foundation and floors are rotten. The landlord is a major cheapskate and every repair request is a fight. The LTB takes forever and without a bylaw order I don't know if I have a leg to stand on. Maybe I should get an inspection? I know the usual about running dehumidifiers etc. My problem is that forces the burden of remediating this issue onto me, the tenant, when the problem is structural. I do not know what to do. Bylaw said I can file a FOIA request for the results of their investigation when it is finished. It's just a nightmare situation.
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